Green, Al v R [2017] NSWCCA 282

Green, Al v R [2017] NSWCCA 282

The applicant was capable of understanding the charges and voluntarily entered pleas of guilty, based on proper advice and without inappropriate pressure; sentencing principles for historical offences and the seriousness of the offending were correctly applied; leave to appeal against convictions granted but appeal dismissed, and leave to appeal against sentence refused.

Jurisdiction
Australia
Judgment Date
28 November 2017
Procedural Posture
Criminal Appeal / Decision on Leave to Appeal and Appeal Against Convictions and Sentence
Outcome
Leave to appeal convictions granted; appeal against convictions dismissed; leave to appeal sentence refused.
Legal Topics
['appeals' 'guilty Pleas' 'sentencing' 'historical Offences' 'withdrawal of Plea' 'mental Health and Criminal Responsibility']
['criminal Law'] ['appeals' 'guilty Pleas' 'sentencing' 'historical Offences' 'withdrawal of Plea' 'mental Health and Criminal Responsibility']

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Procedural Posture

Criminal Appeal / Decision on Leave to Appeal and Appeal Against Convictions and Sentence

Legal Issues

  1. 1 ['Whether applicant was capable of understanding the nature of the charges at the time of pleading guilty' 'Whether applicant intended to enter pleas of guilty' 'Whether pleas were induced by inappropriate conduct of legal representatives' 'Whether sentence was manifestly excessive' 'Whether there was inappropriate reliance on pre-sentence report in sentencing for historical offences']

Ratio Decidendi

The applicant was capable of understanding the charges and voluntarily entered pleas of guilty, based on proper advice and without inappropriate pressure; sentencing principles for historical offences and the seriousness of the offending were correctly applied; leave to appeal against convictions granted but appeal dismissed, and leave to appeal against sentence refused.

Court Disposition

Leave to appeal convictions granted; appeal against convictions dismissed; leave to appeal sentence refused.

Orders

  • ['Grant leave to appeal with respect to the convictions entered on pleas of guilty.' 'Dismiss the appeal against the convictions.' 'Refuse leave to appeal against the aggregate sentence.']